Plea Moved In Varanasi Court Seeking ASI Survey Of Remaining Blocked Cellar (Tehkhana) In Gyanvapi Mosque Premises

An application has been moved before a Court in Varanasi seeking a direction to the Archeological Survey of India (ASI) to conduct a thorough survey of the unreached cellars within the Gyanvapi Mosque premises. This involves removing the blocked entrance and debris hindering access to the areas not yet surveyed by ASI during its recently concluded survey.

The application, filed under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of CPC, had been moved by Rakhi Singh (through Advocate Saurabh Tiwary), who is plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court).

In her application, Singh has argued that the survey of the remaining cellars is necessary to ascertain the religious character of the property in question (Gyanvapi premises). The application submits that within the Gyanvapi premises, cellar no. N1 to N5 (in the north) and S1 to S3 (in the south) exist and cellars nos. N1 and S1 are completely not accessed because their entrances are blocked.

Referring to the recent report of the ASI (pertaining to the Scientific survey of the Gyanvapi Mosque), Singh has submitted that since the four entrances on the western wall of N2 which give access to N1 are all blocked, nothing is known of its dimensions or inner arrangement, however, the entrances measure approximately 1.75m in length and 1.11 m in width.

#JustIN | A plea has been moved before #VaranasiCourt seeking a direction to the Archeological Survey of India (ASI) to conduct a thorough survey of the remaining cellars (tehkhana) within the #GyanvapiMosque premises.#GyanvapiCase #GyanvapiMasjid #Gyanvapi @DurgeshSAURABH pic.twitter.com/SpUoSRRYCm

— Live Law (@LiveLawIndia) February 5, 2024

In her plea, she has asserted that some cellars inside the mosque premises have not been surveyed because of their entrance bein blocked and therefore, the ASI may be directed to survey the cellars without causing any damage to the structure in question.

It may be noted that the District judge last week allowed regular worship of Hindu deities in the southern cellar of Varanasi's Gyanvapi Masjid by a family of priests that used to perform rituals there before 1993. Shortly after the Varanasi District Judge's order, the District Magistrate MS Rajalingam, along with other government officials, entered the mosque complex through gate number 4 of the Kashi Corridor and the officials spent around two hours inside the complex.

Thereafter, the basement/tehkhana was unlocked, and regular worship commenced in the area. Devotees were observed congregating outside 'Vyas Ji ka Tahkhana.'

The Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque) has already moved the Allahabad High Court challenging the Varanasi District Court's order.